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Corner of tabFlorida's NPDES Stormwater Program

Construction Activity (CGP) Frequently Asked Questions (FAQs)

How does the new “10/2” ERP self certification general permit affect the timing of obtaining coverage under the NPDES Construction Generic Permit?

There is no change. You must prepare your SWPPP and obtain coverage under the CGP at least two days before land clearing begins.

Is my construction project required to have permit coverage?

Construction activities that will result in the disturbance of 1 or more acres of land are required to obtain coverage under the CGP if stormwater from the activity has the potential to enter a surface water of the State or a municipal separate storm sewer system.

My project site is greater than one acre but all of the construction activity will disturb less than one acre in total.  Is my project required to have permit coverage?

No.  Only projects that will ultimately disturb one or more acres of land are required to have permit coverage.  NOTE:  If a project is less than one acre, but part of a larger common plan of development or sale, that will ultimately disturb one or more acres, then permit coverage is required.

When must I file an NOI?

At least 2 days prior to commencement of construction.

Do I send in my Stormwater Pollution Prevention Plan (SWPPP) with my NOI?

No, but a current copy must be kept on the construction site or an alternative location as specified in the NOI.

I’m confused about the difference between a large and small construction project, can you clarify?

A large construction site disturbs (clears) 5 or more acres of land while a small construction site disturbs less than five acres of land. For example, if your project disturbs 4.99 acres it is a small construction site. If your project disturbs five acres or more, it is a large construction site.

How much is the fee associated with this permit?

Large Construction (5 or more acres of land) is $400. Small Construction (between 1 and 5 acres) is $250. Fees are established in Rule 62-4.050(4)(d), F.A.C.

When is my permit coverage effective?

Coverage will be effective 48 hours after post-marked date of the complete NOI submittal.

Who is supposed to file/sign the NOI?

The “operator” of the project.  The operator is the entity that owns or operates the project.  The “responsible authority” is the person that has authority to sign the NOI for the operator.  (Rule 62-620.305, F.A.C. (142KB), specifies who may sign permit applications.)  For instance, the operator may be “The John Smith Development Company” and the responsible authority may be “John Smith, President.”  In this case, John Smith would sign the NOI for the John Smith Development Company. 

The operator is the entity that has sufficient authority to assure compliance with the permit requirements.  Typically, the operator will be the owner, developer, or general contractor.  Generally, the architect/engineer should not be indicated as the operator and sign the NOI unless they have operational control over the project and are willing to accept responsibility for compliance with the permit.  The person that signs the NOI assumes responsibility for permit compliance.

When do I terminate permit coverage?

You must file a NOT within 14 days of final stabilization of the site.

NPDES Stormwater Permitting Program
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3585
Tallahassee, FL 32399-2400
Phone: (850) 245-7522
Phone: (866) 336-6312 (toll-free)
Email: NPDES-stormwater@dep.state.fl.us

Last updated: November 17, 2016

  2600 Blair Stone Road M.S. 3500   Tallahassee, Florida 32399   850-245-8336 (phone) / 850-245-8356 (fax) 
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